The U.S. House of Representatives on Thursday easily passed a bipartisan budget agreement to fund the government for two years and avert a possible government shutdown after current spending resolutions expire Jan. 15.
The CEO and the factory worker are not competing for the same job, but rather competing in separate labor markets across firms and sometimes industries. It is thus meaningless to compare executive and worker pay as the U.S. Securities and Exchange Commission would require. Let the firms decide for themselves how much their labor is worth, says Korok Ray, assistant professor of accounting at the George Washington School of Business.
As the end of 2013 approaches, it is time to look back and recall the top legal developments affecting hospitals and health care providers. The year was filled with uncertainty as the Affordable Care Act was being implemented, says Frederick Geilfuss of Foley & Lardner LLP.
Although Amtrak is an entity with both public and private elements, it is not a true public-private partnership. But with the benefit of a properly designed P3, perhaps Amtrak will prove to be the savior of the passenger rail industry after all, say Albert Dotson Jr. and Eric Singer of Bilzin Sumberg Baena Price & Axelrod LLP.
In many states, employers are just starting to see the impact of new legislation implementing the provisions of the Unemployment Insurance Integrity Act. Among other things, agreements with employees or former employees not to contest unemployment insurance benefit claims may now trigger heightened scrutiny from regulators, says Katharine Parker of Proskauer Rose LLP.
When an estate planning client dies, the attorney-client privilege continues to bind the attorney regarding communications with third parties, just as it did while the client lived. What does change upon the death of a client, however, is the status of that client’s agents — such as accountants, financial advisers and bankers, says Joseph Marconi of Johnson & Bell Ltd.
The fast-food industry has recently fallen prey to coordinated demonstrations by a number of loosely affiliated groups, or “worker centers,” rallying around wages, benefits and other conditions. Unwary managers could be provoked into singling out those who break rank to join the demonstrators, thereby paving the way for unfair labor practice charges that fuel the underlying organizing effort, says Steven Bernstein of Fisher & Phillips LLP.
The Second Circuit's recent decision reversing the municipal bond bid-rigging convictions of three former General Electric Co. officials provides an important limitation on the government’s efforts to extend the statute of limitations in financial crimes when there is a continuous flow of economic benefits to a conspirator, says Lathrop Nelson of Montgomery McCracken Walker & Rhoads LLP.
A recent decision from the D.C. Circuit is good news for banks facing an ongoing crush of garnishment litigation. The decision in Heiser v. Islamic Republic of Iran reduces the universe of blocked accounts that are subject to turnover under the Terrorism Risk Insurance Act and may persuade the Second Circuit to take the same approach in a pending appeal, say Mark Hanchet and Chris Houpt of Mayer Brown LLP.
Plaintiffs have proven remarkably agile in adopting new theories as to when “natural” claims are false or misleading, and it may be tempting for advertisers to try to predict the next angle of attack and adjust their ads accordingly. But a recent class action reminds us that the basic principles of advertising law — substantiation and consumer understanding — are the best defenses, say Barry Benjamin and John Knapp of Kilpatrick Townsend & Stockton LLP.
To date, it does not appear that any litigation has arisen regarding the use of polyacrylamide flocculent in frac sand mining, but considering the growing public opposition to these operations, especially in the Midwest, such litigation can be reasonably expected in the future, says Joseph Russell of von Briesen & Roper SC.